Terms of Service
Agreement summary: By signing up for Auctum, you agree to these Terms. Key points: you own your data, you pay monthly or annually in advance, we can suspend accounts that violate these terms, and our liability is capped at the fees you paid in the prior 12 months.
1. Acceptance of Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you (the "Customer," "you," or "your") and Auctum ("Auctum," "we," "us," or "our") governing your access to and use of the Auctum platform, including all software, APIs, dashboards, and related services (collectively, the "Service").
By creating an account, clicking "I agree," or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are accepting on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.
If you do not agree to these Terms, do not use the Service.
2. Definitions
- "Account" — the account you register to access the Service.
- "Customer Data" — lead records, contact information, campaign data, revenue records, and any other data you submit to or generate through the Service.
- "Lead" — an individual contact record processed through the Service on your behalf.
- "Plan" — the subscription tier you select (Starter, Growth, Pro, or Enterprise), which defines your monthly Lead limit and feature access.
- "Subscription Period" — the monthly or annual billing period for which you have paid.
- "User" — any individual you authorize to access your Account.
3. The Service
Auctum provides a B2B SaaS platform for revenue attribution, lead decay scoring, speed-to-lead monitoring, and CRM automation for home service businesses. The Service includes:
- Integration with GoHighLevel (GHL) CRM sub-accounts via webhook and API
- Attribution modeling for Google Ads, Meta Ads, and other paid channels
- Automated lead nurturing sequences and BullMQ-powered automation engine
- AI-assisted inbox replies and lead scoring
- Reporting, analytics, and conversion syncing
We reserve the right to modify, add, or discontinue features of the Service at any time, with reasonable notice for material changes.
4. Accounts & Access
4.1 Registration
You must provide accurate, complete, and current registration information. You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your Account.
4.2 Users
You may invite additional Users to your Account up to the limit of your Plan. You are responsible for ensuring all Users comply with these Terms. Unauthorized sharing of credentials is prohibited.
4.3 Account Security
You must notify us immediately at security@auctum.io if you suspect unauthorized access to your Account. We are not liable for losses resulting from unauthorized access where you failed to notify us promptly.
5. Subscription Plans & Billing
5.1 Plans and Lead Limits
The Service is offered on the following subscription tiers. Monthly Lead ingest limits reset on the first day of each calendar month:
- Starter — $297/month or $267/month billed annually — up to 500 Leads/month
- Growth — $597/month or $537/month billed annually — up to 2,000 Leads/month
- Pro — $997/month or $897/month billed annually — up to 10,000 Leads/month
- Enterprise — custom pricing — custom Lead limits and SLAs
Leads that arrive after your monthly limit is reached will not be ingested until the following billing period. We will notify you when you reach 80% of your limit.
5.2 Payment
Subscriptions are billed in advance via Stripe. By providing payment information, you authorize Auctum to charge your payment method on a recurring basis for the applicable subscription fee.
5.3 Annual Discount
Annual subscriptions are billed upfront for 12 months at a 10% discount versus the monthly rate. Annual subscriptions are non-refundable except as described in Section 5.6.
5.4 Taxes
Subscription fees are exclusive of applicable taxes. You are responsible for all taxes, levies, or duties imposed by taxing authorities on your subscription.
5.5 Late Payment
If a payment fails, we will attempt to collect it for up to 7 days. After 7 days of non-payment, we may suspend your Account. After 30 days of non-payment, we may terminate your Account and delete your data in accordance with our data retention policy.
5.6 Refunds
Monthly subscriptions: if you cancel within 7 days of your initial sign-up and have not processed more than 50 Leads, you may request a full refund. After 7 days, no refunds are issued for the current billing period.
Annual subscriptions: no refunds after payment. If we terminate your account without cause, we will refund the pro-rata unused portion.
5.7 Plan Changes
You may upgrade your Plan at any time; the new rate applies immediately and is prorated. Downgrades take effect at the next billing period renewal.
6. Customer Data & Ownership
6.1 You Own Your Data
You retain all rights, title, and interest in your Customer Data. Auctum does not claim any ownership over your lead records, contact data, or campaign performance data.
6.2 License to Process
You grant Auctum a limited, non-exclusive license to store, process, and transmit your Customer Data solely as necessary to provide the Service. This license terminates when your Account is closed and data is deleted per our retention schedule.
6.3 Data Accuracy
You are responsible for the accuracy, quality, and legality of your Customer Data and for ensuring you have the right to submit it to the Service. This includes compliance with applicable privacy laws regarding the collection and processing of your customers' contact information.
6.4 Third-Party Integrations
When you connect third-party services (GoHighLevel, Google Ads, Meta Ads, CallRail, ServiceTitan, Jobber, Housecall Pro), you authorize Auctum to read and write data on your behalf within those platforms. You remain responsible for compliance with those platforms' terms of service.
7. Acceptable Use
You agree not to use the Service to:
- Process leads without the consent required by applicable law (CAN-SPAM, TCPA, GDPR, CCPA)
- Send unsolicited commercial messages through connected integrations
- Attempt to access another customer's data or circumvent tenant isolation controls
- Reverse engineer, decompile, or attempt to derive source code from the Service
- Use the Service to build a competing product
- Exceed rate limits or attempt to disrupt the Service through automated abuse
- Upload malicious files or content designed to disrupt platform functionality
- Violate any applicable local, state, national, or international law
Violation of these restrictions may result in immediate suspension or termination of your Account without refund.
8. Confidentiality
Each party agrees to maintain the confidentiality of the other party's non-public information disclosed in connection with the Service. Auctum will not disclose your Customer Data or business information to third parties except as described in our Privacy Policy or as required by law.
9. Intellectual Property
The Service, including its software, algorithms, design, and documentation, is owned by Auctum and protected by intellectual property laws. These Terms do not grant you any rights to Auctum's intellectual property except for the limited right to use the Service as described herein.
Feedback you provide about the Service may be used by Auctum without restriction or compensation to you.
10. Uptime & Service Levels
Auctum targets 99.5% monthly uptime for the Service. Scheduled maintenance will be announced at least 24 hours in advance and performed during off-peak hours where possible.
Uptime is measured at the API level and excludes: (a) scheduled maintenance windows; (b) outages caused by third-party services (GoHighLevel, Stripe, Google, Meta); (c) force majeure events; and (d) outages caused by your actions or integrations.
No SLA credits are offered on Starter or Growth plans. Enterprise plans may include custom SLA terms negotiated separately.
11. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. AUCTUM EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED.
We make no warranties regarding the accuracy of attribution data, lead scores, or revenue projections generated by the Service. Attribution models are statistical approximations and should be used as decision-support tools, not as guaranteed measurements.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AUCTUM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE.
AUCTUM'S TOTAL LIABILITY FOR ANY CLAIM ARISING UNDER THESE TERMS SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO AUCTUM IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
13. Indemnification
You agree to indemnify, defend, and hold harmless Auctum and its officers, directors, employees, and agents from and against any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or relating to:
- Your use of the Service in violation of these Terms
- Your Customer Data, including any claim that your Customer Data violates applicable law or third-party rights
- Your violation of any applicable law, including TCPA, CAN-SPAM, GDPR, or CCPA
- Your use of third-party integrations in a manner that violates those platforms' terms
14. Termination
14.1 By You
You may cancel your Account at any time from your billing settings. Cancellation takes effect at the end of the current Subscription Period. You remain responsible for all fees accrued prior to cancellation.
14.2 By Auctum
We may suspend or terminate your Account immediately if:
- You violate any provision of these Terms
- You fail to pay fees for more than 30 days
- We determine that your use poses a security risk to the Service or other customers
- We are required to do so by law
We may also terminate the Service with 60 days' written notice for any reason.
14.3 Effect of Termination
Upon termination, your access to the Service will be disabled. Your Customer Data will be retained for 90 days after termination, during which you may request an export. After 90 days, your data will be permanently deleted.
15. Governing Law & Dispute Resolution
These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles.
Any dispute arising out of or relating to these Terms shall first be submitted to good-faith negotiation. If unresolved within 30 days, disputes shall be resolved by binding arbitration under the rules of the American Arbitration Association (AAA), conducted in English. The arbitration shall be conducted on an individual basis — class action arbitration is waived.
Notwithstanding the above, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm.
16. Changes to These Terms
We may update these Terms from time to time. Material changes will be communicated via email to your registered address at least 30 days before the change takes effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.
If you do not agree to the updated Terms, you may cancel your Account before the effective date of the change.
17. General Provisions
- Entire Agreement: These Terms, together with the Privacy Policy and any Order Form or Enterprise Agreement, constitute the entire agreement between you and Auctum regarding the Service.
- Severability: If any provision of these Terms is found unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full effect.
- Waiver: Failure to enforce any provision of these Terms does not constitute a waiver of Auctum's right to enforce it in the future.
- Assignment: You may not assign these Terms without Auctum's prior written consent. Auctum may assign these Terms in connection with a merger, acquisition, or sale of assets.
- Force Majeure: Neither party shall be liable for delays or failures in performance resulting from causes beyond their reasonable control, including acts of God, internet outages, or third-party platform failures.
- Notices: Legal notices to Auctum must be sent to legal@auctum.io. Notices to you will be sent to your registered email address.
18. Contact
For questions about these Terms:
- Email: legal@auctum.io
- Mail: Auctum, Attn: Legal, [Company Address]